AL
Alabama House Bill HB113

Alabama 2024 Regular Session

Alabama House Bill HB113 Compare Versions

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1-HB113ENROLLED
1+HB113INTRODUCED
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33 HB113
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55 By Representatives Warren, Forte, Lawrence, McClammy, Gray,
66 Jackson, Drummond, Collins, Estes
77 RFD: Education Policy
88 First Read: 06-Feb-24
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14-6 HB113 Enrolled
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14+6 EILG922-1 01/30/2024 KMS L cr 2024-365
15+Page 2
1616 First Read: 06-Feb-24
17-Enrolled, An Act,
18-To amend Section 16-28-4, Code of Alabama 1975,
19-relating to the minimum age for attendance at public schools;
20-to require a child to complete kindergarten or demonstrate
21-first grade readiness before entering the first grade; to
22-provide for circumstances under which a child who is under
23-five years of age on September 1 may be admitted to public
24-kindergarten; to provide for circumstances under which a child
25-who is under six years of age on December 31 may be admitted
26-to public school first grade; and in connection therewith
27-would have as its purpose or effect the requirement of a new
28-or increased expenditure of local funds within the meaning of
29-Section 111.05 of the Constitution of Alabama of 2022.
30-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31-Section 1. Section 16-28-4 of the Code of Alabama 1975,
32-is amended to read as follows:
33-"§16-28-4
34-(a) A child who is six five years of age on or before
35-December 31 September 1 or the date on which school begins in
36-the enrolling district shall be entitled to admission to the
37-first grade kindergarten in the public elementary schools at
38-the opening of such schools for that school year or as soon as
39-practicable thereafter. A child who is under six years of age
40-on December 31 or the date on which school begins in the
41-enrolling district shall not be entitled to admission to the
42-first grade in the public elementary schools during that
43-school year; except, that an underage child who transfers from
17+Under existing law, a child who is six years of
18+age on or before December 31 is entitled to admission
19+to the first grade in the public elementary schools,
20+and a child who is five years of age on or before
21+September 1 is entitled to admission to the local
22+public school kindergartens.
23+This bill would allow a child who becomes six
24+years of age on or before December 31, or the date on
25+which school begins, to be admitted to the first grade,
26+as long as he or she has completed kindergarten or
27+otherwise demonstrates first grade readiness.
28+This bill would also provide for those
29+circumstances where an underage child may be admitted
30+to public school kindergarten.
31+Section 111.05 of the Constitution of Alabama
32+of 2022, prohibits a general law whose purpose or
33+effect would be to require a new or increased
34+expenditure of local funds from becoming effective with
35+regard to a local governmental entity without enactment
36+by a 2/3 vote unless: it comes within one of a number
37+of specified exceptions; it is approved by the affected
38+entity; or the Legislature appropriates funds, or
39+provides a local source of revenue, to the entity for
40+the purpose.
41+The purpose or effect of this bill would be to
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71-28 HB113 Enrolled
72-Page 2
73-school year; except, that an underage child who transfers from
74-the first grade of a school in another state may be admitted
75-to school upon approval of the board of education in
76-authority, and an underage child who has moved into this state
77-having completed or graduated from a mandated kindergarten
78-program in another state shall be entitled to admission to the
79-public elementary schools regardless of age. A child who
80-becomes six years of age on or before February 1 may, on
81-approval of the local board of education, be admitted at the
82-beginning of the second semester of that school year to
83-schools in school systems having semiannual promotions of
84-pupils.
85-(b) An underage child may be admitted to public
86-kindergarten on approval of the local board of education, on a
87-space available basis, in either of the following
88-circumstances:
89-(1) The underage child transfers from a public
90-kindergarten in another state.
91-(2) The child will become five years of age between
92-September 1 and December 31, and the child satisfies certain
93-criteria that the local board of education may establish for
94-underage enrollment which, if adopted, shall include the
95-successful completion of an assessment to determine
96-developmental readiness for enrollment as provided in
97-subsection (g).
98-(b)(c) A child who is five years of age on or before
99-September 1 or successfully completes kindergarten by the date
100-on which school begins in the enrolling district shall be
101-entitled to admission to the first grade in the local public
69+28 HB113 INTRODUCED
70+Page 3
71+The purpose or effect of this bill would be to
72+require a new or increased expenditure of local funds
73+within the meaning of the amendment. However, the bill
74+does not require approval of a local governmental
75+entity or enactment by a 2/3 vote to become effective
76+because it comes within one of the specified exceptions
77+contained in the amendment
78+A BILL
79+TO BE ENTITLED
80+AN ACT
81+To amend Section 16-28-4, Code of Alabama 1975,
82+relating to the minimum age for attendance at public schools;
83+to require a child to complete kindergarten or demonstrate
84+first grade readiness before entering the first grade; to
85+provide for circumstances under which a child who is under
86+five years of age on September 1 may be admitted to public
87+kindergarten; to provide for circumstances under which a child
88+who is under six years of age on December 31 may be admitted
89+to public school first grade; and in connection therewith
90+would have as its purpose or effect the requirement of a new
91+or increased expenditure of local funds within the meaning of
92+Section 111.05 of the Constitution of Alabama of 2022.
93+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
94+Section 1. Section 16-28-4 of the Code of Alabama 1975,
95+is amended to read as follows:
96+"§16-28-4
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129-56 HB113 Enrolled
130-Page 3
131-entitled to admission to the first grade in the local public
132-school kindergartens at the opening of such schools for that
133-school year or as soon as practicable thereafter ; a child who
134-is under five years of age on September 1 or the date on which
135-school begins in the enrolling district shall not be entitled
136-to admission to such schools during that school year; except
137-that, an underage child who transfers from the public school
138-kindergarten in another state may be admitted to local public
139-kindergarten on the prior approval of the local board of
140-education on a space available basis. The aforementioned
141-underage children transferring from the public school
142-kindergartens of another state, upon successful completion of
143-the kindergarten in the local public schools, will then be
144-allowed admission to the first grade of the local public
145-schools.
146-(d) A child who is six years of age on or before
147-December 31, or the date on which school begins in the
148-enrolling district, and who has not successfully completed
149-kindergarten, shall be entitled to admission to the first
150-grade in the local public school at the opening of schools for
151-that school year or as soon as practicable thereafter, as long
152-as the child demonstrates first grade entry readiness, as
153-determined by the State Board of Education, on an assessment
154-of essential development and physical skills as provided in
155-subsection (g), which shall be created by the State Department
156-of Education and approved by the State Board of Education. The
157-department shall publish information about essential first
158-grade readiness skills on its website. If a child does not
159-meet first grade readiness, as determined on the assessment
124+56 HB113 INTRODUCED
125+Page 4
126+"§16-28-4
127+(a) A child who is six five years of age on or before
128+December 31 September 1 or the date on which school begins in
129+the enrolling district shall be entitled to admission to the
130+first grade kindergarten in the public elementary schools at
131+the opening of such schools for that school year or as soon as
132+practicable thereafter. A child who is under six years of age
133+on December 31 or the date on which school begins in the
134+enrolling district shall not be entitled to admission to the
135+first grade in the public elementary schools during that
136+school year; except, that an underage child who transfers from
137+the first grade of a school in another state may be admitted
138+to school upon approval of the board of education in
139+authority, and an underage child who has moved into this state
140+having completed or graduated from a mandated kindergarten
141+program in another state shall be entitled to admission to the
142+public elementary schools regardless of age. A child who
143+becomes six years of age on or before February 1 may, on
144+approval of the local board of education, be admitted at the
145+beginning of the second semester of that school year to
146+schools in school systems having semiannual promotions of
147+pupils.
148+(b) An underage child may be admitted to public
149+kindergarten on approval of the local board of education, on a
150+space available basis, in either of the following
151+circumstances:
152+(1) The underage child transfers from a public
153+kindergarten in another state.
154+(2) The child will become five years of age between
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187-84 HB113 Enrolled
188-Page 4
189-meet first grade readiness, as determined on the assessment
190-approved by the State Board of Education and as provided in
191-subsection (g), the child shall be enrolled in kindergarten.
192-(e) An underage child, regardless of whether he or she
193-has successfully completed kindergarten or otherwise
194-demonstrates first grade readiness, may be admitted to the
195-public school first grade if the underage child transfers from
196-the first grade of a school in another state.
197-(f) Nothing in this section shall affect the
198-eligibility of students for special education services as
199-provided by federal and state law.
200-(g)(1)For the 2025-2026 school year, a student entering
201-first grade who has not completed kindergarten shall complete
202-the assessment at the beginning of the school year to
203-determine developmental readiness for enrollment. For this
204-initial year assessments, no student shall be prevented from
205-enrollment in the first grade based on his or her performance
206-on the assessment. During the second semester of the
207-first-grade year, students shall take an early years
208-assessment to identify any areas of deficiencies. Programs,
209-resources, and materials shall be made available to those
210-students who perform below standards on the assessment.
211-(2)For the 2026-2027 school year, a student entering
212-first grade who has not completed kindergarten shall complete
213-the assessment at the beginning of the school year to
214-determine developmental readiness for enrollment. During the
215-second semester of the first-grade year, students shall take
216-an early years assessment to identify any areas of
217-deficiencies. Programs, resources, and materials shall be made
182+84 HB113 INTRODUCED
183+Page 5
184+(2) The child will become five years of age between
185+September 1 and December 31, and the child satisfies certain
186+criteria that the local board of education may establish for
187+underage enrollment which, if adopted, shall include the
188+successful completion of an assessment to determine
189+developmental readiness for enrollment.
190+(b)(c) A child who is five years of age on or before
191+September 1 or successfully completes kindergarten by the date
192+on which school begins in the enrolling district shall be
193+entitled to admission to the first grade in the local public
194+school kindergartens at the opening of such schools for that
195+school year or as soon as practicable thereafter ; a child who
196+is under five years of age on September 1 or the date on which
197+school begins in the enrolling district shall not be entitled
198+to admission to such schools during that school year; except
199+that, an underage child who transfers from the public school
200+kindergarten in another state may be admitted to local public
201+kindergarten on the prior approval of the local board of
202+education on a space available basis. The aforementioned
203+underage children transferring from the public school
204+kindergartens of another state, upon successful completion of
205+the kindergarten in the local public schools, will then be
206+allowed admission to the first grade of the local public
207+schools.
208+(d) A child who is six years of age on or before
209+December 31, or the date on which school begins in the
210+enrolling district, and who has not successfully completed
211+kindergarten, shall be entitled to admission to the first
212+grade in the local public school at the opening of schools for
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245-112 HB113 Enrolled
246-Page 5
247-deficiencies. Programs, resources, and materials shall be made
248-available to those students who perform below standards of
249-assessment.
250-(c)(h) No public school system shall lose any teacher
240+112 HB113 INTRODUCED
241+Page 6
242+grade in the local public school at the opening of schools for
243+that school year or as soon as practicable thereafter, as long
244+as the child demonstrates first grade entry readiness, as
245+determined by the State Board of Education, on an assessment
246+of essential development and physical skills which shall be
247+created by the State Department of Education and approved by
248+the State Board of Education. The department shall publish
249+information about essential first grade readiness skills on
250+its website. If a child does not meet first grade readiness,
251+as determined on the assessment approved by the State Board of
252+Education, the child shall be enrolled in kindergarten.
253+(e) An underage child, regardless of whether he or she
254+has successfully completed kindergarten or otherwise
255+demonstrates first grade readiness, may be admitted to the
256+public school first grade if the underage child transfers from
257+the first grade of a school in another state.
258+(f) Nothing in this section shall affect the
259+eligibility of students for special education services as
260+provided by federal and state law.
261+(c)(g) No public school system shall lose any teacher
251262 unit as a result of this section. The State Board of Education
252263 is authorized to adopt policies for local boards of education
253264 for the implementation of this section."
254-Section 2. The State Department of Education shall
255-develop an informational campaign to promote kindergarten and
256-encourage parents of school-age students to enroll their
257-children in a kindergarten program. The campaign shall be
258-targeted, and priority shall be given to areas with the
259-largest number of students currently not enrolled in
260-kindergarten programs.
261-Section 3. The purpose or effect of this bill would be
265+Section 2. The purpose or effect of this bill would be
262266 to require a new or increased expenditure of local funds
263267 within the meaning of Section 111.05 of the Constitution of
264268 Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
265269 will not become effective with regard to a local board of
266270 education unless approved by the local board of education or
267-until, and only as long as, the Legislature appropriates funds
268-or provides for a local source of revenue.
269-Section 4. This act shall become effective July 1,
270-2024.
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295-2024.
296-________________________________________________
297-Speaker of the House of Representatives
298-________________________________________________
299-President and Presiding Officer of the Senate
300-House of Representatives
301-I hereby certify that the within Act originated in and
302-was passed by the House 22-Feb-24.
303-John Treadwell
304-Clerk
305-Senate 08-May-24 Amended and Passed
306-House 09-May-24 Concurred in Senate
307-Amendment
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299+Page 7
300+education unless approved by the local board of education or
301+until, and only as long as, the Legislature appropriates funds
302+or provides for a local source of revenue.
303+Section 3. This act shall become effective July 1,
304+2024.
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